c. 19. s. 13. Lovelock d. Norris v.
Dancuster, Mich. 31 Geo. 3. 122
7. When a rule to set aside proceedings
for irregularity, and to stay proceed-
ings in the mean time, is obtained,
the proceedings are suspended for all
purposes till the rule is disposed of.
Swayne v. Crammond, Hil. 31 Geo. 3.
176
8. And therefore the time for putting in
bail remains the same after the rule is
discharged, as it was when it was grant-
ed.
ib.
9. On a rule to plead, reply, &c. in
four days, if the party on whom the
rule is made delay complying with it
till the morning of the fifth day, the
adverse party may refuse to receive it,
and sign juigment. Thomson v. Ryall,
Hil. 31 Geo. 3.

195

11. After demurrer to a declaration of
two counts against two defendants, be-
cause one of them was not named in the
last count, the plaintiff cannot enter a
nol. pros. on that count, and proceed on
the other. Drummond v. Dorant, Trin.
31 Geo. 3.
360
12. Plaintiff cannot sign judgment for the
defendant's refusing to pay 4d. for the
warrant of an attorney when the copy
of the declaration is delivered to him.
Oneale v. Price, Trin. 31 Geo. 3. 370
13. If defendant, after craving oyer of
a deed, do not set forth the whole
deed, the plaintiff may sign judgment
as for want of a plea; or the Court
will quash the plea. Wallace v. The
Duchess of Cumberland, Trin. 31 Geo.
S.

370
14. Where the defendant, in an action

of debt on bond, after craving_oyer,
and setting it out truly, pleaded pay-
ment, on which the plaintiff took
issue, and served defendant's attorney
with a rule to abide, &c. and gave

notice of trial; and afterwards de-
fendant returned the paper-book, set-
ting out a false oyer of the bond, and
pleading as before, on which plaintiff
enrolled the true condition, and de-
murred; the Court ordered all the
pleadings to be struck out, and that
plaintiff should have judgment, and
that the defendant's attorney should pay
all the costs. Ferguson v. Mackreth,
Hil. 24 Geo. 3. B. R. cited. 370, 1
15. Where the action is by original, the
defen lant has till four days after the
quarto die post to put in bail. Frampton
v Barber, Trin. 31 Geo. 3.
16. Where any sheriff before his going
out of office shall arrest any defendant,.
and a cepi corpus be returned, he may
within the legal time allowed be called
upon to bring in the body, though he
may be out of office before such rule
be granted. Reg. Gen. Trin. 31 Geo.

377

379

17. Trying a feigned issue without the
consent of the Court, is a contempt of
the Court; and after such a trial they
will stay the proceedings. Hoskins v.
Lord Berkeley, Mich. 32 Geo. 3. 402
18. The Court will not set aside a de-
fendant's execution for the costs of a
nonsuit sued out after allowance of a
writ of error, because the writ of error
can only be for delay. Kempland v.
Macauley, Mich. 32 Geo. 3.

436

19. If a record be ever so erroneous,
the plaintiff, who has made default,
by suffering a nonsuit, can never have
a judgment afterwards in his favour.

ib.
20. Where defendant's attorney in effect
told the plaintiff that the writ of error
was brought for delay, the Court re-
fused to stay proceedings pending it.
Law v. Smith, Mich. 30 Geo. 3. B. R.
436, n.

21. The same on a similar declaration
by one of the bail. Evans v. Gilbert,
Trin. 31 Geo. 3. B. R.
ib.
22. When a defendant, who has suf-
fered judgment by default in a cri-
minal prosecution, is brought up for
judgment, each party should come
prepared with affidavits disclosing his
own case [if he mean to produce any
affidavit at all]; but if in the course

of

of the inquiry the Court wish to have
any point further explained, they will
give the defendant an opportunity of
answering it on a future day. R. v.
Wilson, Mich. 32 Geo. 3.
487
23. The defendant having suffered judg-
ment by default in an action of as-
sumpsit on a foreign judgment, the
Court would not refer it to the Mas-
ter to see what was due, and give
the plaintiff leave to enter up final
judgment for such sum, without exe-
cuting a writ of inquiry. Messin v.
Lord Massareene et Üx. Mich. 32 Geo.

495

32 Geo. 3.
27. All writs must be returned by the
sheriff on the day on which the rule
for returning the same expires; and
in default thereof the plaintiff is at li-
berty to move for an attachment on
the next day. Reg. Gen. Mich. 32
Geo. 3.
496
28. The defendant in ejectment is enti-
tled to the general reply, where the
plaintiff claiming by descent proves his
pedigree and stops, and the defendant
sets up a new case in his defence,
which is answered by evidence on the
part of the plaintiff. Goodtitled. Re-
vett v. Braham, Trial at bar, Hil. 32
Geo. 3.
497
29. If one of several defendants reside
within 40 miles of London, it is not
necessary to give the ten days' notice
of trial required by 14 Geo. 2. c. 17.
s. 3.
Per Ashhurst, J. in Perry v.
Jackson, Hil. 32 Geo. 3.
520
30. When a declaration is delivered be-
fore the essoign-day of a term, with
a rule to plead in the four first days
of that term, the defendant cannot
plead within that time in abatement

855

without a special imparlance. Doughty
v. Lascelles, Hil. 32 Geo. 3. 520
31. The venue was in London, and ver-
dict for plaintiff without defence, which
was set aside, because only eight days'
notice of trial was given, the defendant
residing in India. Douglas v. Ray,
Hil. 32 Geo. 3.
552

S2. If a plea be demanded on a Saturday,
the defendant has twenty-four hours
to plead after the demand, exclusive of
Sunday. Solomons v. Freeman, Hil.
32 Geo. 3.

557
33. If issue in a London cause be joined
early enough in a term to enable the
plaintiff to give notice of trial for the
sittings after that term, the defendant
is not entitled to judgment as in case
of a nonsuit for not proceeding to trial,
unless the plaintiff has in fact given
notice of trial. Mont v. Tremamondo,
Hil. 32 Geo. 3.

ib.

34. Where several persons have sepa-
rately incurred penalties for printing
illegal schemes of the lottery, a se
parate affidavit must be made and
filed against each of them; and if
they be all joined in one affidavit, the
irregularity is not waved by their put-
ting in bail: but the Court, on motion,
will stay the proceedings against all of
them. Goodwin, q. t. v. Parry, Hil.
32 Geo. 3.

577
35. If a plea be filed before the bail are
perfected, it is a nullity, and does not
become a good plea by perfecting the
bail afterwards. Venn v. Calvert, Hil.
32 Geo. 3.

578
36. On every appointment by the
Master, the party served shall attend
such appointment without waiting
for a second; otherwise the Master
shall proceed ex parte on the first ap-
pointment. Reg. Gen. Hil. 32 Geo. 3.

580
37. A scire facias must lie in the sheriff's
office the last four days before the re-
turn. Forty v. Hermer, E. 32 Geo. 3.

583
38. A bill of Middlesex may be returnable
the same day that it is sued out. Ox-
lade v. Davidson, E. 32 Geo. 3. 610
39. The defendant in an information on
24 Geo. 3. c. 26. s. 64. must make
his application for a mandanus for
the examination of witnesses within

the

QUO WARRANTO, Information in
nature of.

1. An application for a q. w. informa-

2.

tion made on the affidavits of several
persons, of whom all but one have
consented to the election proposed to
be impeached, may be granted on the
affidavit of that one, if he avow him-
self to be the relator. R. v. Symmons,
E. 31 Geo. 3.

223

Upon a question concerning the vali-
dity of an election to a vacant fellow-
ship made by the fellows of Trinity-
Hall, Cambridge, which was disputed
by the Master, the Court held, that an
information in nature of quo warranto
would not lie; but thought the proper
remedy in such case was by mandamus,
or by an action brought by the fellow
appointed by the Master to try his
right. R. v. Gregory, E. 12 Geo. 3.
240, n.
3. Where leave have been granted by the
Court to file an information in nature
of quo warranto against a party for claim-
ing to be common-council-man of York,
and the relator by his replication at-
tacked also the defendant's title as free-
man, which had been stated in the in-
troductory part of his plea, the Court
refused to strike it out, or direct their
officer to enter a xoli prosequi. R. v.
Brown, E. 31 Geo. 3.

276